Court Cases, Gay Rights, and Legislative Response

Few issues in American politics, sexual or otherwise, inspire as much passion as the struggle over civil rights for members of the LGBTQ community. The passion associated with this issue stems from a clash of values and social movements. The undeniable passion that suffuses the issue is apparent to anyone who has witnessed a public debate or read a court transcript on the subject. This chapter will focus on court cases that have played a role in creating rights for members of the LGBTQ community and subsequent legislative actions.

Using Social Media to Advocate LGBT Rights in Black Africa

The prevalence of draconian homophobic laws in Cameroon and Nigeria has systematically stultified sympathy for the LGBT communities and made pro-gay street activism a risky venture in these two countries. In view of this, a good number of gay rights activists have resorted to the social media as a suitable platform for a less risky advocacy. Using the social media has afforded them the opportunity to explore interactive, post-modern, and personified approaches to sensitizing and mobilizing their readership in favour of gay proselytism in Cameroon, Nigeria, and some other parts of Africa. Based on a content analysis of 200 blog posts and web/facebook pages generated by Cameroonian and Nigerian gay activists, this chapter measures the extent to which gay activists adopt a national/local perspective versus the level to which they adopt an international perspective in their online advocacy. The chapter equally examines the degree to which these citizen journalist/activists construct their advocacy discourse from the prism of a cultural war between the West and Africa.

A Latter-Day Sodom and Babylon

This chapter examines the manner in which Nigerian bloggers and web journalists interpreted, framed and represented Obama's gay rights diplomacy in Nigeria. The chapter specifically explores the extent to which these web journalists' interpretations of the American pro-gay movement generated new religion-inspired representations of the U.S. government and Americans on the social networks. The study is based on a quantitative and qualitative content analysis of over 162 online articles generated by Nigerian citizen journalists in reaction to Obama's gay rights advocacy in Nigeria and Africa. It answers the following research questions: how did Nigerian web/citizen journalists frame Obama's pro-gay move? What was their tone? How did they represent America and its people in their articles or posts? And how did religion and culture influence the latter's representations of America and Americans?

Border Regimes: Homophobia and LGBT Place Making in Six Ordinary Cities in Europe

European nation states increasingly hail LGBT identities as part of modern values; LGBT recognitions have become a symbol of secular achievements. Discourses around gay rights and sexual diversity are increasingly pitted against presumably homophobic and intolerant ‘others’. An increased intolerant and repressive attitude towards migrants and racialised minorities is justified by their supposed threat to exactly these values. LGBT people are finding themselves positioned as ‘border patrollers’ who can count as part of the modern liberal nation. This paper analyses 92 interviews with LGBT participants who live in six small and medium sized ordinary cities in Europe. It discusses how their fear of homophobia is evaluated according to perceived sexual and gendered norms and attitudes at the neighbourhood level. Neighbourhoods are considered either LGBT friendly or unfriendly according to their socio-demographic characteristics that focus on social class and/or migration and that intersects with race, ethnicity and religion. Based on the findings, neighbourhoods are both a geographical and a cultural terrain that can be understood, organised and contested through a sexuality discourse in the production of border regimes that discipline and produce the confines of the normative, the ‘modern’ and the ‘backward’. Not only are LGBT people positioned as border patrollers but their fear of homophobia is also expressed through bordering. The neighbourhood can then be understood, organised and contested through a sexuality discourse in the production of border regimes.

The Early 2000s

Chapter 9 tells the story of Lawrence v. Texas, the 2003 Supreme Court decision that finally struck down the remaining state laws that criminalized sodomy. In 2004 Massachusetts became the first state in the U.S. to have marriage equality, following the state supreme court decision in Goodridge v. Department of Public Health. Opponents of gay rights fought furiously to overturn marriage equality in Massachusetts, but once straight people saw that marriage equality cost them nothing, the opposition faded away. Gay rights groups in Massachusetts prevailed despite having many institutional disadvantages. In California in 2008, Proposition 8 was passed by voters to reintroduce a same-sex marriage ban.

Afterword

Gay rights and marriage equality have advanced so far in the U.S. in the past decade that it would be all too easy to assume that the struggle is over. The opponents of gay rights, however, remain powerful. Readers can take inspiration from how dramatically attitudes toward gay rights have liberalized in the past two decades and how transformative the liberalization of attitudes has been. We live in a world where political lies often seem to have the upper hand. It is worth remembering that despite the many short term advantages that lies can yield in politics, the truth has some long term advantages as well. The way the marriage equality movement prevailed should be a lesson to anyone who wants to make progressive social change.

The Rainbow after the Storm

The Rainbow after the Storm tells the story of the rapid liberalization of attitudes toward gay rights that made same-sex marriage the law of the U.S. sooner than almost anyone thought was possible. The book explains how and why public opinion toward gay rights liberalized so much, while most other public attitudes have remained relatively stable. The book explores the roles of a variety of actors in this drama. Social science research helped to shift elite opinion in ways that reduced the persecution of gays and lesbians. Gays and lesbians by the hundreds of thousands responded to a less repressive environment by coming out of the closet. Straight people started to know the gay and lesbian people in their lives, and their view of gay rights shifted accordingly. Same-sex couples embarked on years-long legal struggles to try to force states to recognize their marriages. In courtrooms across the U.S. social scientists behind a new consensus about the normalcy of gay couples and the health of their children won victories over fringe scholars promoting discredited antigay views. In a few short years marriage equality, which had once seemed totally unrealistic, became realistic. And then almost as soon as it was realistic, marriage equality became a reality.

The Courts Begin to Appreciate Gay Rights: Romer and Baehr, 1996

Chapter 6 describes two important breakthroughs in the courts for gay rights. In 1996 the U.S. Supreme Court decided Romer v. Evans in favor of gay plaintiffs from Colorado who had had their rights reduced by a voter referendum. The Supreme Court upheld state court rulings which had overturned the referendum. The Romer decision, written by Anthony Kennedy, was the first Supreme Court decision to affirmatively defend the rights of gay people. In the fall of 1996 in Hawaii a same-sex marriage trial, Baehr v. Miike, showed for the first time that the opponents of marriage equality had no scientific or empirical basis for preventing same-sex marriages from being recognized. The marriage plaintiffs won in court, but the voters of Hawaii reinstated the same-sex marriage ban. Hawaii did not become a marriage equality state until 2013.

Antecedents of Marriage Equality in the 1970s

Chapter 3 tells the story of the Stonewall riots of 1969 and the small marches that grew up starting in 1970 to memorialize Stonewall. The marches became the Pride parades we know today, which have grown by a factor of more than 1,000 and spread across the world. Chapter 3 explains the antimarriage ideology of the Gay Liberation Front and tells the story of the American Psychiatric Association’s reclassification of homosexuality as a healthy manifestation of human sexuality in 1973. Early marriage plaintiffs Jack Baker and Michael McConnell faced a hostile legal climate and were unable to have their marriage recognized. The Christian Right rose in prominence in the 1970s on an anti-gay-rights message. There was a campaign of anti-gay-rights referenda that reached its pinnacle with the Briggs Initiative in California in 1978. The Briggs Initiative was defeated by Harvey Milk and other gay rights activists.